The opinion of the court was delivered by: John M. Facciola, Magistrate Judge.
Plaintiff claims that she was not offered a position with the Fraud
Division in the Department of Justice in retaliation for filing a claim
of sexual discrimination against the United States Attorney's Office in
the Southern District of Texas. Defendant moves for summary judgment.
1. Plaintiff, Ruth Ann Weidel, ("Weidel") worked as an Assistant United
States Attorney in the Southern District of Texas from February, 1997, to
June 10, 1997, when she was terminated.
2. On November 21, 1997, Weidel filed an EEO complaint in connection
with her termination. She claimed that she was victimized by sexual
discrimination in that office.
3. In January, 1998, Weidel applied for a position as a trial attorney
in the Fraud Section of the Department of Justice's Criminal Division.
4. On June 11, 1998, Mary Spearing, then head of the Fraud Division,
sent a memorandum to the acting Assistant Attorney General for the
Criminal Division, requesting approval to hire plaintiff as a trial
attorney in the Fraud Section.
5. In a letter dated June 29, 1998, Diane Abbington of the Personnel
Programs Staff of the Criminal Division informed plaintiff that she had
been tentatively selected for a trial attorney position with the Criminal
Division, Fraud Section.
6. At about the same time, the Fraud Section requested a temporary
waiver so that plaintiff could begin to work under a 14 month temporary
appointment pending the results of her FBI investigation.
7. The Personnel Staff of the Criminal Division contacted Karen
Morrissette, Deputy Chief of the Fraud Section, ("Morrissette") to
inquire whether the Fraud Division was aware of plaintiff's termination
by the United States Atttorney's Office in Texas. Morrissette responded
that she was.
8. Morrissette contacted Greg Serres, the First Assistant United States
Attorney for the Southern District of Texas, who criticized Weidel's
ability to get along with other people and declined to recommend her for
employment by the Fraud Division. He described her performance as a
"disaster." Government Exhibit 14 at 2.
9. On August 10, 1998, Morrissette wrote a memorandum to Sandie
Bright, Acting Executive Officer of the Criminal Division, and Joshua
Hochberg, the Acting Chief of the Fraud Division, in which she stated:
"[W]e do not believe it would be advisable to extend an offer of
employment to Ms. Weidel." Government Exhibit 14 at 3.
10. On September 18, 1998, Sandie Bright advised Weidel that the
Criminal Division had withdrawn its request to appoint Weidel to a
temporary appointment that would have permitted her to join the Fraud
Division before her FBI background investigation was completed. Bright
said: "That decision to rescind the request is based on your termination
from your ...